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2025 Supreme(Ker) 1329
IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, K. V. JAYAKUMAR, JJ.
Moses S, S/o.Sudeesh P. - Appellant
Versus
Union Of India - Respondent
WA NO. 740 of 2025
Decided on : 11-04-2025
Advocate Appeared:
For the Appellant : RATHEESH B., GYOTHISH CHANDRAN, SANUJU R.
For the Respondent: ADV. C DINESH DSGI IN CHARGE
The court affirmed that the findings of the Medical Boards regarding fitness for Airmen positions are authoritative and cannot be challenged outside the established recruitment process.
Headnote:
(A) Indian Air Force Recruitment Process - Medical Examination - The appellant was declared medically unfit by both the Medical Board and Appellate Medical Board due to 'ECG abnormality - Left Axis Deviation' - The appellant contested this finding based on reports from private hospitals that found no abnormality. (Paras 3-6)
(B) Review Medical Board - The court held that there is no provision for a Review Medical Board in the Air Force recruitment process, unlike the Army, and thus the findings of the Medical Boards cannot be substituted. (Paras 11-12)
Facts of the case:
The appellant participated in the selection process for Airmen, qualified in tests, but was declared unfit after medical examinations. He sought to challenge this based on private medical reports.
Findings of Court:
The court upheld the dismissal of the writ petition, affirming the authority of the Medical Boards in determining fitness for appointment.
Issues: The main issues were the validity of the Medical Boards' findings and the absence of a Review Medical Board in the Air Force recruitment process.
Ratio Decidendi: The court ruled that the recruitment process does not allow for medical examinations outside the established Medical Boards, and the findings of these Boards are authoritative.
Result: Writ appeal disposed of with observations.
JUDGMENT :
K. V. JAYAKUMAR, J.
Impugning the judgment of the learned Single Judge in W.P.(C). No.12014 of 2025 dated 03.04.2025, the appellant/writ petitioner preferred this writ appeal.
2. Succinctly, the facts in brief are as follows:
3. The appellant/writ petitioner Shri. Moses S., had participated in the selection process for the post of Airmen in the Indian Air Force Group ‘Y’ Medical Assistant trade. The appellant qualified in the physical test and written examination. The appellant appeared for medical examination on 07.02.2025 at Air Force Hospital Coimbatore, wherein he was declared as medically unfit by the Medical Board.
4. The appellant, Shri. Moses, preferred an appeal against the findings of the Medical Board. The Appellate Medical Board re-examined the appellant/writ petitioner on 05.03.2025 at SMC, HQ TC Bangalore, and also found that the appellant/writ petitioner is unfit for appointment in the Air Force as Airmen. Both the original authority and the Appellate Board had noticed the ‘ECG abnormality – Left Axis Deviation’.
5. The contention of the respondents was that, since the appellant was found to be medically unfit by the Medical Board and the Appellate Board, he is not eligible to be appointed to the post of Airmen in the Indian Air Force.
6. The main contention of the appellant was that, the appellant consulted the cardiologist at Neyyar Medicity, Kattakkada and also Sree Chitra Tirunal Institute of Medical Sciences and Technology, Trivandrum. But both the hospitals do not find any abnormality in the ECG of the appellant/writ petitioner. The appellant has placed reliance on Exhibit-P5 report of Sree Chitra Tirunal Institute of Medical Sciences and Technology, Trivandrum. The learned Single Judge, noticing the rival submissions of the counsel for the parties, dismissed the writ petition, holding that the recruitment process does not contemplate or provides for medical examination of the candidates outside the Primary Medical Board and Appellate Medical Boards constituted in Army/Air Force hospitals.
7. Sri. C. Dinesh, the learned Deputy Solicitor General of India in-charge, submitted that the impugned judgment is legal and sustainable in law. On the other hand, the learned counsel for the appellant/writ petitioner Sri. Ratheesh B., submitted that the impugned judgment of the learned Single Judge is patently illegal. It was also submitted that the finding of the learned Single Judge that there is no provision for a Review Medical Board once the Appellate Medical Board finds a candidate unsuitable for the job is incorrect. Learned Single Judge discarded Exhibit-P5 and Exhibit-P6 test results of Sree Chitra Tirunal Institute of Medical Sciences and Technology, Trivandrum. The appellant/writ petitioner declared to be unfit after a partial evaluation.
8. We have heard the rival submission of the counsel for the parties and appraised the paper book.
9. Sri. C. Dinesh, the learned Deputy Solicitor General of India in-charge, submitted that there is no provision for review with regard to the appointments in Indian Air Force, even though there is a provision to that effect in the Indian Army.
10. Sri. Ratheesh B., submitted that the petitioner, Shri. Moses, is a young man aged 19 years, who is an aspirant of employment in the Indian Armed Forces at the Union of India. The apprehension of the appellant is that the rest results during the selection process would adversely affect his career prospects in future.
11. The learned Single Judge noticing the rival submissions of the counsel for the parties, dismissed the writ petition. The relevant portion of the judgment is extracted hereunder:
“5. I have considered the submissions. This Court cannot substitute and laid down a different procedure for the selection and appointment of the persons in the Air Force. As per the laid down procedure, there is no provision for a Review Medical Board, once the Appellate Medical Board finds a candidate unsuitable for the job. The Army and Air F
